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Trademark Law India
Trade Mark means a registered trade mark or a mark used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right as proprietor to use the mark ; and a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark. (See Section 2(v) of the Trade and Merchandise Marks Act, 1958)

Other registered trade mark Related Articles

A Recipe for Success
"Twenty years from now you will be more disappointed by the things that you didn't do than by the ones you did do. So throw off the bowlines. Sail away from the safe harbor. Catch the trade winds in your sails. Explore. Dream. Discover." -Mark Twain
Passing Off and the Protection of Trade Dress in Franchising
Trade dress can be protected at common law through the tort of passing off. When trade dress is registered, or registrable under the Trade-Marks Act as a distinguishing guise, it can also be protected through the statutory action found in s. 7(b) of the Trade-marks Act which codifies the common law tort of passing off. A plaintiff must demonstrate goodwill, deception due to a misrepresentation and actual or potential damages. Under the statutory action a plaintiff must further show that the action concerns a trade-mark within the meaning of the Trade-marks Act. franchise lawyer ontario london toronto attorney franchisor franchising www.franchiselaw.ca
Hut 8, Hut 9, Hut 15!
I haven't a clue if I used the correct football reference but let's go with it because it fits with the subject of this article. I've devoted a couple of articles about the various application forms it takes to get your trademark registered but what about when it is registered?
Getting Control of a Domain Name
Question: If someone has already registered a Domain Name that is similar to my business name or trade marks, is there is anything that I can do about it without having to take expensive Court action?
® vs. ™
The ™ or SM symbol is to be used for marks that either have a pending trademark application OR for marks that are simply claiming the rights to the mark. The ® symbol is to be used for marks that have a Federally registered trademark.

Emissions Trading (Cap and Trade)
Cap and Trade systems are gaining in attention today. Much of the developed world operates under Cap and Trade but it's a mystery to many in the U.S. Some believe it's the best way to promote emission reductions. Cap and Trade has been introduced for consideration in congress with a reasonable chance of being enacted into law in 2009. This article discusses Cap and Trade fundamentals.

Trademark Law India
Trade Mark means a registered trade mark or a mark used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right as proprietor to use the mark ; and a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark. (See Section 2(v) of the Trade and Merchandise Marks Act, 1958)
Trademark Registration India
It is not any trade mark which is registrable. To be registrable the mark should be distinctive and should not be similar to any other trade mark registered for the same or similar goods or used by a competitor whether registered or not. In the case of a similar mark used by a competitor but not registered difficulties for registration will arise only if the owner of the mark chooses to oppose the registration. In choosing a trade mark therefore one has to see whether the mark satisfies the requirement of distinctiveness contained in section 9 of the Trade and Merchandise Marks Act, 1958.
Trade Mark Infringement Law India
Infringement of a trade mark occurs if a person other than the registered proprietor in the course of trade, in relation to the same good or services for which the mark is registered, uses the same mark or a deceptively similar mark. Essential of Infringement The taking of any essential feature of the mark of taking the whole of the mark and then making a few additions and alteration would constitute infringement. The infringement mark must be used in the course of trade, i.e in a regular trade wherein the proprietor of the mark is engaged. The use of the infringement mark must be printed or usual any oral use of the trade mark is not infringement. Any or all of the above act would constitute infringement if the same is done in such manner as to sender the used to the mark likely to be taken as being used as a trade mark.
Remedy for Trade Mark Infringement India
No suit for infringement of a registered trade mark or suit relating to any right in a registered trade mark or for passing off arising out of the use by the defendants of any trade mark which is identical with or deceptively similar to the plaintiff’s trade mark, whether registered or not shall be instituted in any court inferior to a district court having jurisdiction to try the suit. Procedure followed The procedure followed in the disposal of the suit is as laid down in code of civil procedure, 1908. Period of limitation Under the limitation Act, 1963, the period of limitation for filing a suit for infringement of a trade mark is three years from the date of infringement. Where the infringement is a continuing one, a new course of action arises every time is infringement occurs.

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